HomeMy WebLinkAbout2009 - 2014 Yacht Club Submerged Lands Lease2D4W - .
THS i )CUMENT HAS WEEN
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JEFFF _Y K BARTON, CL IRK OF COURT
This Instrument Prepared By:
Pattie J. Scott
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE
BOT No.: 310343953
PA No.: 31-285751-001
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the
faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby
lease to City of Sebastian. Florida, hereinafter referred to as the Lessee, the sovereignty lands described as
follows:
A parcel of sovereignty submerged land in Section 06,
Township 31 South, Range 39 East, in the Indian River,
Indian River County, containing 8.142 square feet, more or less,
as is more particularly described and shown on Attachment A,
dated December 16, 2009.
TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from January 15, 2009, the
effective date of this lease. The terms and conditions on and for which this lease is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 2 -slip docking facility with a
concrete boat ramp and fishing pier exclusively to be used for fishing and mooring recreational vessels in conjunction with an
upland yacht glub, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State
of Florida Department of Environmental Protection or local authority, whichever entity applies the more stringent criteria, and
without liveaboards as defined in paragraph 29, as shown and conditioned in Attachment A, and the State of Florida
Department of Environmental Protection, Exemption No. 31-285751-001, dated Janluary 5, 2009, incorporated herein and
made a part of this lease by reference. The construction of the structures described in Attachment A shall be completed within
the initial term hereof or within the first 5 years of the initial term if the initial term is for a period greater than 5 years. The
failure to complete the construction of all authorized structures within this time period shall constitute a material breach of the
lease causing the lease to automatically terminate upon the expiration of the initial term or 5 years, whichever is sooner,
without any right of renewal. All of the foregoing subject to the remaining conditions of this lease.
[02-291
2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection,
Environmental Resource Exemption Permit. The Lessee shall not change or add to the approved use of the leased premises as
defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to
rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.), shall not
change activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use of the riparian uplands without fust obtaining a regulatory
permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease,the payment of
additional fees, if applicable. If at any time during the lease term this lease no longer satisfies the requirements of
subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an
annual lease fee in accordance with Rule I8-21.011, Florida Administrative Code, and if applicable, remove any structures
which may no longer qualify for authorization under this lease.
3. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books,
records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in
paragraph two (2) above.
4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years.
This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re -sold.
6. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility
for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation
between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
Page 2 of 12 Pages
Sovereignty Submerged Lands Lease No. 310343953
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10. NOTICES/COMPLMNCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by
the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described
parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
14. NON-DISCRINIINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at
that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affirmative covenant upon the riparian upland property more specifically described in Attachment B, which shall run with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
Page 3 of 12 Pages
Sovereignty Submerged Lands Lease No. 310343953
18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal
of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and
expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary
proceedings as provided by law.
20. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
21. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
22. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility.
23. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.
24. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
Page 4 of 12 Pages
Sovereignty Submerged Lands Lease No. 310343953
26. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
28. SPECIAL LEASE CONDITION: Within 30 days after each anniversary of the effective date of this lease, the
Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of
Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS
130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted
financial records shall be certified by a certified public accountant.
Page 5 of 12 Pages
Sovereignty Submerged Lands Lease No. 310343953
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Section 06, Township 31 South, Range 39 East, in the Indian River
Quad No. 188-C, Sebastian, Florida
Attachment A
Page 7 of 12 Pages
SSLL No. 310343953
REPORT OF SURVEY: VICINITY MAP
TYPE OF SURVEY: BOUNDARY & TOPOGRAPHIC SURVEY
THIS SURVEY PERFORMED BY:
HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B. #6905
1717 -INDIAN RIVER BLV'D., SUITE: 101
VERO BEACH, FLORIDA 32960
PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE:
STUART A. HOUSTON, P.L.S. #4490
THE EXPECTED USE OF THE LAND, AS CLASSIFIED IN THE MINIMUM
TECHNICAL STANDARDS (61G17-6, FAC) IS SUBURBAN. THE MINIMUM
RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT
IN 7,500. THE MEASUREMENT AND CALCULATION OF A CLOSED
GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF THIS ACCURACY
REQUIREMENT.
THIS SURVEY MEETS ALL APPLICABLE REQUIREMENTS OF THE FLORIDA
MINIMUM TECHNICAL STANDARDS AS CONTAINED IN 61G17-6, FAC.
' ELEVATIONS AND DIMENSIONS SHOWN HEREON ARE MEASURED IN FEET
AND DECIMAL PARTS THEREOF.
THE LAST DATE OF FIELD WORK WAS: 12/01/08
THIS IS A FIELD SURVEY
LEGAL DESCRIPTION:
SITE: -\
r}0 •
Ti "u
# THE BEARING BASE FOR THIS SURVEY IS A GRID BEARING OF N25"22'26"W,
ALONG THE EAST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE. BASED ON
D.E.P. CONTROL NETWORK MONUMENTS 88-78-A-05, AND 88-78-A-06, NAD/
1983, FINAL ADJUSTMENT OF 1990, FOR FLORIDA EAST ZONE 901.
# STATIONING AND RIGHT OF WAY SHOWN HEREON IS BASED ON A ROUTE
SURVEY PREPARED FOR THE CITY OF SEBASTIAN BY MASTELLER, MOLER &
REED, INC. PROJECT NUMBER 933984, DATED 2/15/93.
THIS SURVEY DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY
UNDERGROUND IMPROVEMENTS: UTILITIES, FOUNDATIONS, OR ENCROACHMENTS,
EXCEPT AS SHOWN.
NO INSTRUMENTS OF RECORD REGARDING EASEMENTS, RIGHT-OF-WAYS,
OR OWNERSHIP WERE SUPPLIED TO THIS SURVEYOR, EXCEPT AS SHOWN.
• NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED.
' UNLESS A COMPARISON IS SHOWN, PLAT VALUES AND MEASURED VALUES
ARE THE SAME.
• UNLESS OTHERWISE INDICATED, FOUND MONUMENTATION. IS UNIDENTIFIED.
THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD ZONE: AE 8'&
VE 9', PER FLOOD PANEL MAP # 12061 C0077 G, DATED JUNE 30th., 1999.
' THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NATIONAL GEODETIC
VERTICAL DATUM (NGVD) OF 1929. THE BENCHMARK IS UNITED STATES COAST &
GEODETIC MONUMENT #5-1969. ELEV.=5.20'
A PARCEL OF SUBMERGED LAND LYING IN THE INDIAN RIVER IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF BLOCK 2, EDGEWATER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 23,
INDIAN RIVER COUNTY, FLORIDA. THENCE RUN N 68"19'15" E, A DISTANCE OF 80.17 FEET TO A POINT ON THE EAST RIGHT OF WAY OF
INDIAN RIVER DRIVE. SAID POINT BEING THE EAST CORNER OF THE SEBASTIAN YACHT CLUB THENCE LEAVING SAID RIGHT OF WAY,
RUN N 66°28'35" E A DISTANCE OF 210.00 FEET, TO A POINT ON THE BULKHEAD LINE AS ESTABLISHED PER THE MAP OF THE CITY OF
SEBASTIAN, RECORDED IN PLAT BOOK 5, PAGE 28, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, THENCE RUN S25"22'26"E,
46.92 FEET TO THE POINT OF BEGINNING.
THENCE RUN N65"30'56"E, 191.55 FEET; THENCE RUN N65°3843"E, 157.03 FEET; THENCE RUN N24°36'08"W, 12.15 FEET; THENCE RUN
N64°30'32"E, 11.68 FEET; THENCE RUN S23°47'52"E, 32.14 FEET; THENCE RUN S65°13'53"W, 11.10 FEET; THENCE RUN N25°27'29"W, 11.95
FEET; THENCE RUN S65°38'42"W, 131.68 FEET; THENCE RUN S24"29'10"E, 10.00 FEET; THENCE RUN S65°38'42"W, 25.00 FEET; THENCE
RUN N24°29'10"W, 10.00 FEET; THENCE RUN S65"30'50"W, 50.95 FEET; THENCE RUN S24°29'10"E, 10.00 FEET; THENCE RUN S65°38'42"W,
25.00 FEET; THENCE RUN N24"29'10"W, 10.00 FEET; THENCE RUN S65°30'50"W, 5.79 FEET; THENCE RUN S34°41'10"W, 69.12 FEET;
THENCE RUN S67°30'21"W, 8.00 FEET TO A POINT ON THE END OF A CONCRETE BOAT RAMP, THENCE RUN S23°17'19"E, ALONG THE
END OF SAID CONCRETE BOAT RAMP, 31.93 FEET; THENCE LEAVING SAID CONCRETE BOAT RAMP RUN N63"46'05"E, 9.00 FEET; THENCE
RUN S22°41'14"E, 7.66 FEET; THENCE RUN S65"04'50"W, 49.61 FEET TO A POINT ON SAID ESTABLISHED BULKHEAD LINE; THENCE RUN
N25°22'26"W ALONG SAID ESTABLISHED BULKHEAD LINE 82.72 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 8,142 SQ.FT. (0.19 ACRES) +/_ AND IS SUBJECT TO RESERVATIONS, RESTRICTIONS, AND EASEMENTS OF
RECORD.
PLAT OF SUR VEY FOR:
CITY OF SEBASTIAN/ SUBMERGED LAND LEASE
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Page 9 of 12 Pages
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Page 9 of 12 Pages
SSLL No. 310343953
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Attachment A
Page 10 of 12 Pages
SSLL No. 310343953
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Attachment A
Page 10 of 12 Pages
SSLL No. 310343953
237114 C_ T
WARRANTY Oe[O RAMCO FORM A-31PnOT0{TATI
[FROM CORPORATION, 5�1!
wo Alade and execuied the 9th day of May A. D. 19 77 by
GENERAL DEVELOPMENT CORPORATION
a corporation existing under the laws of Delaware , and having Its principal place of
business at 1111 South Bayshore Drive, Miami, Florida 33131
hereinafter called the grantor, to
CITY OF SEBASTIAN_, a Florida Municipal Corporation
whose postoffice address is
hereinafter called lite granges:
IWhrrever awd here;. the term "an.nw" pad "pram.." W de all the part;. m thin 'aawme.at and
the Nein, lelrai raP.eaentatim pad artists al individuals, and the .".4 and saaii.r .1 ettrporstima)
?AitnMttk: Thar floe grantor, for and in consideration of the sum of 510.00---- and other
valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant. bargain. sell.
alien, rimise, release, convey and confirm unto the grantee, all that certain land situate in
County. Florida. nit: bounded and described as follows:
From the N.E. corner of Block 2, Edgewater Park
Subdivision, Plat Book 1 at Page 23, Indian River
County, Records, Run N.72036'E. and parallel with
the South Right—of—Way line of Cleveland Avenue,
80.14 feet to the East Right -of -Way line of S.R.
No. 5 (U.S. Highway No. 1,) said point being the
POINT OF BEGINNING: thence S.200451E., 150 feet
thence N.700451E., 20 feet more or less to the '
West bank•of the Indian River; thence meandering
Northerly along said West Bank 150 feet more or
less to a point at Right Angles to the Point of
Beginning; thence S.700451E., 20 feet more or
less to the POINT OF BEGINNING. All of said land
? being in Government Lots 6 and 7, Section 6, o(wnn-- p
ootfilei with all the tenements, hereditaments and appsGE
nances Iber fo-6eiorigingEor inAany-
wise appertaining. ,
To have --' to flo{d, the same in fee simple forever.
Ndthe grantor hereby covenants with said grantee that it Is lawfully seized of said land in fee
simple; that it has good righl and lawful authority to sell and convey said land; that it hereby fully war-
ranis the title to said land and will defend the same against lite lawful claims of all persons whomsoever;
and ,hat said land is free of all enctim6ances
e grantor has caused these
teottosArE SGE,CL! ^-• In Witness Ctof th
9 presents to
be executed in Its name, and its corporate seal to be hereunto affixed, by its
- r p
or of f irers Iberrunio duly authorized. the day and year fiat above written.
ArM »L[ �... _... ............... GENERAL DEVELOPMENT CORPORATION
r seet:Mn..................................
WAYNE L. LEN ASST.
Signed, scaleand 'delivered in the presen{gt of-
...».. ........... .._ BYT-•;f'r , �? .1.« ....,'.._.._._..».
:... ,.._ _. ..... _...
C.. C. CRUMP : , SR VICE
• . .......
STATE OF Florida
COUNTY OF Dade
I IIEREBY CERTIFY that eta thb dar. Eram m, an .racer d.Ir aWh.riad Is the State and caaaq aforetdd W Mis m6sawledearsts,
pr *Rv appeared C. C. CRUMP and WAYNE L. ALLEN
vice
—11 iamra tame to ba dw Sr./ 1'mident and Asst. Secretary appear;%* d tie carprailr-eim�ar
in the Iarraaitat deed. and that they rrvrrally ark ..irdRed raeetaig, the Mate in tie patents al two awbor ln6 W*,Nafa.tnatl r
rssa ..�, itegy - .
.ad,, anthwrity d.iy aerted in thea by -id carpmaiia. and that lha ad aM-d therm. b the tnrc o'"ral. Sol .1 add
•0 .{•.
WITNESS my band and .Itkial anal is the Catnry and Suit bat ah,remid thin 9th day td May «. M.D. 7
O i V
• A rtyl.
dk dt
77itr Ilmnslietlt pnTaral by: ALBERT L. ROSEN w hIOTARY VUBLIC STAT[ or FtOR10n nT ap( J
Corporate Counsel t
.11/11n's General Development Corporation MYCOMNBSSIO-W-VIPTS FIB. is
1111 South Bayshore Drive OONDED THRs GENRAL BIS. tlrlUlRivRitlRt
Attachment A
Page 11 of 12 Pages
SSLL No. 310343953
Cr
ship 31 South, Range 39 East, and Containing 0.069 Acres
together with all Riparian Rights thereunto appertaining.
This Deed is executed subject to taxes assessed for the year
1977 and all subsequent years, to conditions, limitations
and Restrictions of Record, and to the following express
restriction to wit. That the subject land shall be used only
for recreational purposes.
Y-yC'lJ ,~�
�xENTAR 4 A I�.,I
� m as bEP . OF RE. E p€ :STA P i `iC' I
P.P.
.. � N � _� 106.3 •� 00. !�• O • � � ..
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T;
PAGE TWO OF TWO
Attachment A
Page 12 of 12 Pages
SSLL No. 310343953
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